RAKESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was dismissed from the post of constable by an order dated 26.4.2001, on account of his absence from duty for a period of 71 days, 4 hours and 30 minute. Dissatisfied with the order dated 26.4.2001 passed by the Commandant 36th Battalion PAP, Bahadurgarh, Patiala, the petitioner preferred an appeal. The appeal preferred by the petitioner was dismissed by the Deputy Inspector General of Police, PAP, Chandigarh, on 6.9.2004. The petitioner then preferred a revision petition so as to challenge the orders passed by the punishing authority, as well as, the appellate authority. The revision petition filed by the petitioner was also dismissed on 7.4.2005, by the Inspector General of Police, PAP, Jalandhar Cantt. Through the instant writ petition, the petitioner has impugned the aforesaid orders dated 26.4.2001, 6.9.2004 and 7.4.2005.

(2.) The primary contention of the learned counsel for the petitioner to substantiate, that the absence of the petitioner for the period referred to above was not wilful, is based on medical certificates, collectively appended to this petition as Annexures P-5, P-5A, P-5B, P-5C, P-5D and P-5E. The aforesaid certificates depict, that the petitioner's wife Anita Rani, was unwell for the period during which the petitioner was absent from duty, and that, the petitioner was looking after his wife. It is, therefore, sought to be contended, that the petitioner's absence from duty from 4.10.2000 to 14.12.2000 cannot be deemed to be deliberate or wilful.

(3.) On a perusal of the order passed by the punishing authority dated 26.4.2001, we found, that although, the petitioner had taken the aforesaid defence, namely, that his wife was unwell during the period of his absence, yet in his response to the charge-sheet, he had not produced any medical certificate, or other proof, to authenticate the aforesaid factual position. Despite the fact, that he challenged the order passed by the punishing authority by preferring an appeal, as well as, a revision petition, he did not attach any medical certificate, either with the appeal or with the revision petition, filed by him inspite of the observations recorded in the order of the punishing authority. It is, therefore, that we were suspicious of the veracity of the certificates, which have now been placed on the record of this case, to substantiate the illness of the petitioner's wife, during the period of his absence from duty.